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1982.11.03_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of the Town Commission REGULAR MEETING November 3, 1982 1.30 P.M. Mayor Horton called the Regular Meeting to order at 1:30 P.M. Those in attendance were: Mayor Louis Y. Horton, Vice Mayor Mary Louise G. Blosser, and Commissioners John J. Basso, and Harry Walker. Commissioner Sullivan was absent. Also in attendance were: Elaine W. Roberts, Town Manager; Thomas E. Sliney, Town Attorney; Police Chief Kenneth Jones and Rita Ebersole, Secretary. 1. Pledge of Allegiance 2. Approval of Minutes August 31, 1982 - Workshop Meeting September 1, 1982 - Special Meeting September 1, 1982 - Recessed Workshop Meeting from August 31, 1982 MOTION by Commissioner Walker/Basso that the minutes be approved as written. Without objection, the minutes were approved. 3. Public Requests and Comments - None 4. Reports - Boards and Committees (a) Board of Adjustment - Mrs. Roberts reported that Mr. Blosser and Col. Scofield had completed their terms of office and had served over six years on this Board. Thanks were expressed. The Board recommended to the Town Commission that Benjamin Winston and Stephen Doig, presently alternates, be appointed as regular members and that Mr. Lorenz be appointed as an alternate. MOTION by Commissioner Basso/Vice Mayor Blosser that this recommendation be approved. All voted Aye. (b) Code Enforcement Board - This Board recommended to the Town Commission that Mr. Myers be appointed as a regular member, Mr. Novak be appointed alternate #1 and Mr. Sherbondy be appointed alternate #2. • This recommendation was delayed until after the Code Enforcement Ordinance was acted upon later in the meeting. Minutes of Highland Beach Town Commission • November 3, 1982 Regular Meeting Page 2 of 9 (c) Community Appearance Board - Mrs. Leng, Chairperson addressed the Commission. She advised that the Maravilla wall had been approved; Boca Cove was tabled until November 18th meeting; Mr. Bridges will repaint the Clarendon. She also said that about 18 black olive trees along AlA were dead but will be replaced - arranged by the Greening Committee. (d) Financial Advisory Board - The next meeting is .scheduled for November 8th. Mr. Harold Storm has submitted his resignation. This matter will be discussed at the next Town Commission workshop. (e) Health Officer - Mrs. Roberts said the Holiday Inn Pool was inspected on September 14th and October 27th by the Health Department at her request. They have been told to make the following corrections: repair loose ladder, clean out algae and sand and install a shower. • (f) Housing Board of Adjustment & Appeals - This Board had their quarterly meeting in October and will have their next meeting in January. (g) Planning Commission - This Commission has rescheduled their Public Hearing for November 22, 1982. (h) Police Committee to recommend the member. He also Department for a increase. This Advisory Board. - Chairman Blum told the Commission that at their meeting this past Monday they voted appointment of Mr. Bevilacqua as a regular discussed a letter of request from the Police longevity increase rather than an overmaximum natter will be taken before the Financial MOTION By Commissioner Basso/Walker that the matter of the Resolution concerning the Police Committee Duties be held in abeyance but the appointment of Mr. Bevilacqua be approved at this time. All voted Aye. 6. Proposed Ordinances (c) Proposed Ordinance concerning "Seawalls, Bulkheads and Retaining Walls" - will be discussed further at the next • Workshop Meeting on November 30, 1982. Minutes of Highland Beach Town Commission Regular Meeting • November 3, 1982 6.(d) Proposed Ordinance amending the Code of Ors and Fowl," Section 5-5, Running at Large." This Ordinance was read second reading. Page 3 of 9 No. - An ordinance of the Town of Highland Beach, Florida, 3inances, Chapter 5, entitled "Animals entitled "Animals Prohibited from in full by Tom Sliney constituting a After discussion some words were changed. MOTION was made by Commissioner Basso/Walker to approve the Ordinance as amended. In polling the Commission the vote was as follows: Commissioner Basso - Aye; Vice Mayor Blosser - Aye; Commissioner Walker - Aye; and Mayor Horton - Aye. (e) Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida amending Ordinance 442, Numbers 8, 9, 11 and 12: Site Plan Review (Preliminary), Site Plan Review (Final Development Plans), Community Appearance Board (Preliminary Review), Community Appearance Board (Final Review). This Ordinance was read in full by Mrs. Roberts constituting a second reading. MOTION was made by Commissioner Basso/Walker to approve the Ordinance as read. In polling the Commission-the vote was as follows: Commissioner Basso - Aye; Vice Mayor Blosser - Aye; Commissioner Walker - Aye; and Mayor Horton - Aye. (f) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida amending the Code of Ordinances, Chapter 11, Section 11-2, entitled "Storage and Collection," and Chapter 11, Section 11-9, entitled "Removal of Refuse and Trash from Premises." This Ordinance was read in full by Mayor Horton constituting a second reading. However, it was decided to rework the wording and include it on the November 30th Workshop Meeting. • Minutes of Highland Beach Town Commission Regular Meeting November 3, 1982 Page 4 of 9 (g) Proposed Ordinance No. - An ordinance of the Town Commission of the Town of Highland Beach, Florida, creating a Code Enforcement Board; providing for legislative intent; providing for applicability; providing for definitions; providing for organization; providing for enforcement procedures; providing for hearings; providing for powers; providing for administrative fines and liens; providing for duration of liens; providing for appeal; providing for notices and providing an effective date. This Ordinance was read in full by Vice Mayor Blosser and Mayor Horton constituting a second reading. Some words changed include - The findings shall be by motion approved by at least four (4) members of the Enforcement Board. MOTION by Commissioner Walker/Basso to approve this Ordinance as amended. In polling the Commission the vote was as follows: i Commissioner Basso - Aye; Vice Mayor Blosser - Aye; Commissioner Walker - Aye; and Mayor Horton - Aye. MOTION by Commissioner Basso/Walker to approve the Code Enforcement Board membership as discussed in agenda item 4 (b). All voted Aye. (h) Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of Highland Beach, Chapter 29, entitled "Water System," Section 29-6, entitled "Testing of Meters" and Section 29-23 (1), entitled "New Dwelling Construction; Fees; Fund Created." This Ordinance was read in full by Mayor Horton constituting a a second reading. MOTION was made by Commissioner Walker/Basso that this ordinance be approved as read. In polling the Commission the vote was a s follows: Commissioner Basso - Aye; Vice Mayor Blosser - Aye; Commissioner Walker - Aye; and Mayor Horton - Aye. Mrs. Roberts stated that when these Ordinances .were published today's date was listed in the ad. n l~ Minutes o~ H}. hland Beach Town Commlssi~n Regular Meeting November 3, 1982 Page 5 of 9 7.(a) Proposed Ordinance No. - An ordinance of the Town of Highland Beach, Florida amending the Code of Ordinances of the Town of Highland Beach, "Expiration of Building Permit."(Chapter 30, Section 8.5) This proposed ordinance was referred to the Planning Commission. Vice Mayor Blosser mentioned that perhaps "On Site Inspections" should be included. It will be included on the next Workshop meeting agenda for November 30, 1982. Mr. Sliney suggested that the Town Commission introduce a regular Ordinance on the Sewer Rate Increase. We presently have the Emergency Ordinance which must be readopted at 60 day intervals. It was decided to discuss this matter at the next Workshop Meeting of November 30, 1982. 8. Reports - Town Commission - None 9. Reports - Town Attorney - None • 10. Reports - Town Manager Mrs. Roberts said that some of the meetings she attended this month were with Boards and Committees; developers - such as Highlands Place, Villa Magna, and the Hoffman tract; City Managers; Gee & Jenson (our Planners); Town Attorney; our Engineers; and Post Office applicants. Among the correspondence received by Mrs. Roberts was a letter from Teron International (Royal Highlands) requesting a list of permits that had expired. Tom Sliney and Mrs. Roberts answered the letter but no reply has been received to date. Florida Power & Light advised us that if we want to put the electric for Lift Station #3 underground, it would cost the Town $2,310. If we wait for the Steinhart property to be developed, there would be no charge. MOTION by Commissioner Basso/Mayor Horton that we give authorization to procede immediately to put electric for lift station #3 underground with funds being taken from the Sewer Connection Fund. All voted Aye. • Minutes of Highland Beach Town Commission Regular Meeting November 3, 1982 Page 6 of 9 Discussion ensued regarding a letter received from Mr. Coleman Foundation Investments, requesting refunds of $134,660. and $11,200. which were paid to the Town in accordance with Ordinances No. 405 and 409 (Bond required when TCO is issued for work remaining). Commissioner Basso and Vice Mayor Blosser agreed that these are good Ordinances with a valid purpose and no provision for exceptions. The Commission was in accord and Mrs. Roberts will respond to Mr. Coleman informing him that his request was denied. Mrs. Roberts read a letter from Dr. Freedman in which he complained about the North side of Braemer Isle not being sodded and creating a nuisance because of sand blowing and unsightliness. Mr. Sliney suggested writting the developer to alleviate this problem or bringing it to the Code Enforcement Board. Mrs. Roberts reported other correspondence concerning the Sales Tax distribution; the SAHCO (formerly Maravilla) and from Ambassadors Electric protesting a reinspection charge. Mrs. Roberts then reported on the Town Departments: Building Department - A Temporary Certificate of Occupancy was issued on October 8, 1982 for 74 units in Villa Magna; a building permit issued for Tiera Alta and Hidden Harbor Club Pavilion. On November 3rd Fran Hamzik and Tony Abbate attended a "Fire and Life Safety Meeting" in Orlando. Finance and Internal Audit Departments - Monies collected during the month included: Florida Power and Light $11,861 - through August 1982; Highland Beach Cable TV - $477 - 3rd quarter; County Occupational Licenses - $5,167. The unaudited 12 month financial statement was received and Mrs. Roberts said the auditor's report would be ready shortly. Maintenance Department - No report. Police Department - The monthly report was received as well as the Annual report of crime activity. The CDC met on October 7, 1982 and applications for the Officer vacancy are being received. • Public Utilities Department - The annual water usage report was received. Mrs. Roberts reported that water usage in October was less than September and that the Water Interconnection with Boca Raton has been completed. Minutes of Highland Beach Town Commission November 3, 1982 Regular Meeting Page 7 of 9 On the new pump for the Sewer system, Mrs. Roberts reported she received a credit of $1,592 with a total cost of $7,000. Proposed Ordinance No. - An Ordinance of the Town of Highland Beach, Florida, amending the Code of Ordinances of the Town of H ighland Beach, Chapter Two, Article II, entitled "Town Officers:,, Section 2-20 (b), entitled "Powers and Duties." (OF TOWN MANAGER). This proposed ordinance was tabled but the Commission felt the positions of Acting Town Clerk and Deputy Clerks should be acted upon. Mayor Horton read the following Resolution: A RESOLUTION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, PROVIDING FOR THE TOWN COMMISSION TO APPOINT AN ACTING TOWN CLERK AND TWO DEPUTY TOWN CLERKS. The Town Commission appointed Elaine W. Roberts as Acting Town Clerk (in addition to her other duties), and Rita Ebersole and Elizabeth L. Kolek as Deputy Town Clerks. MOTION was made by Commissioner Walker/Basso to adopt the Resolution as read. All voted Aye. Reports from Camp, Dresser and McKee were read by Mayor Horton. Much discussion ensued mainly about our contract with Delray Beach. Mr. Slater, member of the ad hoc committee, brought the Commission up-to-date on his research and discussions. MOTION was made by Commissioner Basso/Walker to proceed with #1 of the Camp, Dresser and McKee report at a cost of $1,400 to be taken from the Sewer Connection Fund. All agreed. Commissioner Basses requested that holiday lights be put around the two Town buildings for the holidays. This will be reviewed by the Community Appearance Board. Mayor Horton left the meeting at 3:30 P.M. and Vice Mayor Blosser took the Chairmanship. • • Minutes of Highland Beach Town Commission Regular Meeting November 3, 1982 Page 8 of 9 CONSENT AGENDA 82.42 Sprinkler System at the Water Treatment Plant - $950.00 MOTION by Commissioner Basso/Vice Mayor Blosser to approve the expenditure of $950.00 for the extended sprinkler system at the Water Treatment Plant. All voted Aye. The Plan of Organization including the Utility Department will be discussed at the next Workshop meeting. 82.76 Coronado Clubhouse Renovation Mr. Bob Deluga, General Superintendent, made a presentation to the Commission and requested a statement in writing of their approval. The consensus of the Commission was that although they had no objection, the plans must be reviewed first by the Community Appearance Board and the Planning Commission. 82.78 AlA Mowing Quotes and bids for beach cleaning will be discussed at the next workshop meeting. • 82.75 Highland Beach Cable TV Ground Lease Mr. Sliney said Highland Beach Cable TV is in violation of their franchise and ground lease by not getting approval for installation of an additional antenna dish. If they do get approval, an additional dollar amount may be added to the ground lease. Mr. Sliney will advise them of this violation in letter form. 82.75 Walle Seawall Mr. and Mrs. Walle were in the audience as well as their neighbor, Mr. Maher. After some discussion a MOTION was made by Commissioner Walker/Basso to give approval for the seawall subject to receiving any necessary Government approval. All voted Aye. 82.78 Possible decision not to tape meetings MOTION was made by Commissioner Walker/Basso to tape only the Town Commission meetings, Code Enforcement meetings, Planning Commission and Community Appearance Board meetings. All voted Aye. • Minutes of Highland Beach Town Commission • Regular Meeting November 3, 1982 82.78 Re arding Tom Graham's severance pay Page 9 of 9 Since Tom Graham left the job one week earlier than agreed, the Commission felt $1,200 was a fair severance pay. He did not stay on to help advise the new crew of men. MOTION by Commissioner Walker/Basso to pay Tom Graham $1,200 severance pay in exchange for a release. All voted Aye. Vice Mayor Blosser mentioned having a tape device attached to the Town Manager's telephone. Mr. Sliney was hesitant about such an arrangement. He said people must be informed when they are being taped. Discussion was held regarding the paving of the parking lot next to the Fire Station. MOTION was made by Mr. Basso/Walker to have the paving done when money is available. Vice Mayor Blosser voted Nay defeating the MOTION. • Mrs. Roberts advised that she is waiting for another bid on the pavers between the Town Hall buildings. One bid of $1,000 has been received from Delray Concrete with a one year guarantee. MOTION by Commissioner Basso/Walker to ADJOURN the meeting at 4:35 P.M. All agreed. r APPROVED: ~~~ ~-Y_ Loui Horton, Mayor ATTEST: ~ y Date: ~~O~A~~, ~~, ~7oY Mary Louise G. loser, V.Mayor n J, sso, Commissioner Harry Walker, Commissioner ABSENT Edward J. Sullivan, Commissioner